The human rights impact of interpreting women and female children refugee claims through gender

Abstract

European Union member States, particularly those in the Mediterranean, must contend with refugee and asylum claims that impact female refugees and asylum seekers. In order to give justice to human rights protection, the author argues that claims by women and female children refugees must be viewed through the lens of gender. Although this is a debated issue, arguments on the side of gender are not only stronger, but are more in line with human rights protection. The current situation in the Mediterranean region necessitates looking at refugee claims with a critical eye to 'culture', 'religion' and 'political opinion', as well as 'membership of particular group', of female refugees. These categories almost always impact women negatively and are used as a basis of persecution of women and female children. To turn a blind eye on issues related to gender persecution is to deny human rights wholesale. This issue must be faced by any State serious about its human rights agenda, particularly if it wishes to serve as an exemplary example to states which do use culture, religion, politics and group membership to persecute the female members of their respective societies. This is particularly relevant to the Mediterranean.